A1943 3R

Sponsored by:

Assemblywoman SHAMA A. HAIDER

District 37 (Bergen)

Assemblywoman LISA SWAIN

District 38 (Bergen and Passaic)

Assemblywoman ANGELA V. MCKNIGHT

District 31 (Hudson)

Co-Sponsored by:

Assemblywoman Chaparro, Assemblymen Benson, Mukherji, Stanley, Assemblywomen Lopez, Jaffer, Jasey and Assemblyman Spearman

SYNOPSIS

Requires certain providers to perform intimate partner violence screenings and all health care professionals to take certain actions to prevent perpetrators of intimate partner violence from obtaining copies of victim’s medical record.

CURRENT VERSION OF TEXT

As reported by the Senate Health, Human Services and Senior Citizens Committee on June 15, 2023, with amendments.

An Act concerning ³[domestic] intimate³ violence screenings and the disclosure of a victim’s medical records to the perpetrator of the ³[domestic] intimate³ violence, and supplementing Title 52 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. As used in this act:

³[“ Domestic violence” means the same as that term is defined by section 3 of P.L.1991, c.261 (C.2C:25-19) and section 1 of P.L.2003, c.41 (C.17:29B-16).]³

“Health care professional” means a person who is licensed or otherwise authorized, pursuant to Title 45 of the Revised Statutes, to provide health care services in the State, including, but not limited to, a physician, nurse, or physician assistant.

³“Intimate Partner Violence” means the occurrence of any one of the acts enumerated in section 3 of P.L.1991, c.261 (C.2C:25-19) that is inflicted upon a patient by a person with whom the patient has or had an intimate relationship.”³

“ ³[Obstetrical provider] Provider³ ” means a licensed ³[obstetrician/gynecologist] physician, advanced practice nurse, physician assistant³, ³[a]³ certified midwife, ³certified professional midwife,³ or ³[a]³ certified nurse midwife.

“Victim of ³[domestic] intimate³ violence” means ³[the same as that term is defined by section 3 of P.L.1991, c.261 (C.2C:25-19)] any person who has been subjected to intimate partner violence by a person with whom the victim has or had an intimate relationship³.

2. a. ³[An obstetrical] A³ provider in the State shall:

(1) ³[as part of each routine patient visit ,]³ conduct a ³periodic³ screening to determine whether ³[the] each³ patient ³receiving care from that provider³ is or may be a victim of ³[domestic] intimate partner³ violence ³, which screening shall be conducted in accordance with nationally recognized evidence-based guidelines³ ; and

(2) document, in the patient’s medical record, the findings from each ³[domestic] intimate partner³ violence screening and any specific evidence supporting the findings.

b. ³[A domestic] An intimate partner³ violence screening conducted pursuant to this section shall be performed in a private area, where only the ³[obstetrical]³ provider and the patient are present, ³which may include screening the patient using telemedicine and telehealth, as those terms are defined in section 1 of P.L.2017, c.117 (C.45:1-61), or by self-administration by the patient using a paper-based or electronic screening instrument³ .

c. If ³[an obstetrical] a³ provider finds, based on a screening performed pursuant to this section, that a patient is or may be a victim of ³[domestic] intimate partner³ violence, the ³[obstetrical]³ provider shall ³provide the patient³:

(1) ³[advise the patient,]³ during the same visit, ³[of] with a list of³ the resources and services that are available in the State and region to assist and protect victims of ³[domestic] intimate partner³ violence ³, as provided by the Department of Children and Families and the Department of Health pursuant to subsection d. of this section³ ; and

(2) ³[provide the patient]³ with referrals to other appropriate health care providers, as deemed by the ³[obstetrical]³ provider to be necessary to help the patient fully address the physical or mental consequences of the ³[domestic] intimate partner³ violence.

d. The Department of Children and Families ²[, in consultation with] and² the Department of Health, ²in consultation with an organization that provides support to survivors of domestic violence,² shall ³[develop, distribute] make available³ to ³[obstetrical]³ providers in the State, and update on at least a biennial basis ³[:

(1) a screening tool or sample screening questionnaire, which reflects the most up-to-date standards for domestic violence screening, and which shall be used by providers in conducting the domestic violence screenings required by this section; and

(2)]³ a list identifying all of the resources and services that are available in the State, and in each region of the State, to assist and protect victims of ³[domestic] intimate partner³ violence.

3. ³[An obstetrical] A³ provider who finds, pursuant to section 2 of this act, that a patient is or may be a victim of ³[domestic] intimate partner³ violence, and any other health care professional who notes, in a patient’s medical record, any evidence or findings of ³[domestic] intimate partner³ violence, shall, during the same visit in which the ³[domestic] suspected intimate partner³ violence is documented, require the patient to reapprove the list of persons who are authorized to obtain a copy of the patient’s medical record in accordance with the provisions of the “Health Insurance Portability and Accountability Act ³of 1996³,” Pub.L.104-191, and the federal health privacy rule set forth at 45 CFR Parts 160 and 164. If the alleged perpetrator of the ³[domestic] intimate partner³ violence was previously authorized by the patient to obtain a copy of the patient’s medical record, the ³[obstetrical]³ provider or other health care professional documenting the ³[domestic] suspected intimate partner³ violence shall ¹[encourage] advise¹ the patient ¹[to] that the patient may¹ remove the alleged perpetrator from the list of persons who are authorized to receive copies of the medical record going forward.

4. The Commissioner of Children and Families and the Commissioner of Health, in consultation with each other, shall adopt rules and regulations, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), as may be necessary to implement the provisions of this act.

5. This act shall take effect on the first day of the fourth month next following the date of enactment, except that the Commissioner of Children and Families and the Commissioner of Health, acting in consultation with each other, shall take anticipatory administrative action in advance of the effective date as may be necessary to implement the provisions of this act.